The attorney for Gwich’in Tribal Council grand chief candidate Ken Kyikavichik says the Northwest Supreme Court should not intervene in the tribal council’s election decisions.

The dispute over the election of the Gwich’in grand chief drew many people to a court hearing Wednesday, while many others followed the proceedings by telephone. Lawyers for Kyikavichik and candidate Frederick “Sonny” Blake Jr. presented their versions.

Blake won 89 more votes than incumbent Kyikavichik in the August election, but Kyikavichik appealed the results. He claimed that Blake had not declared all of his election expenses and accused Blake’s election team of posting defamatory comments about him on Facebook during the election.

Although an election committee ultimately dismissed his appeal, the Gwich’in Tribal Council board of directors overturned the committee’s decision and ordered a new election. That triggered Blake’s request to the Northwest Territories Supreme Court to confirm the election results.

On Wednesday, Blake Jr.’s attorney, Martin Tobias Kruger, told the court that the tribal council’s decision to order a new election was “unreasonable” since the Gwich’in people had exercised their right to vote.

Kruger’s petition asked the court to confirm the election results and declare Blake grand chief.

Orlagh O’Kelly, Kyikavichik’s attorney, said the tribal council’s decision to review the election results and order a new one was also a decision made by the town.

O’Kelly said the court should respect the board’s decision and should take into account that its members best understand Gwich’in laws and values.

Northwest Territory Supreme Court Justice Annie Piché asked Blake’s lawyers if there is a The GTC statute gives the board the final say in the electoral results.

Piché also expressed concern about whether Kykavikchik’s accusations justify a new election, saying such a move would be a “very serious decision.”

The court will review all evidence and reports and issue a ruling in the coming weeks.

Kyikavichik did not complain until he lost the election

Kruger, the attorney representing Blake, said the board did not exercise its powers in good faith and that the impact of its decision would be felt by Gwich’in voters.

Kruger presented some of the Facebook posts by Blake supporters that had been unfavorable toward Kyikavichik. Those posts included phrases like “vote for change” and called for a leader who would be “community-driven and not divide and conquer.”

Kruger said these were political opinions and it was “extraordinary” that the tribal council would translate such statements into criticism of the government.

Kruger told the court that Kyikavichik “was aware of all of the individuals’ comments on Facebook… but he never complained until he lost the election.”

Blake clearly violated electoral rules

O’Kelly, Kyikavichik’s attorney, said in court that Blake had “overruled” the election committee and the tribal council’s board of directors by taking the matter to court.

He said Blake violated election rules by failing to provide all of his expense receipts on time and failing to properly report his expenses. That, he said, could have led to him being disqualified.

O’Kelly argued that the language used in social media posts against Kyikavichik and its overall cumulative impact on the election amounted to defamation. He said many elders expressed concern about lowering the tone of the election campaign and keeping the dialogue respectable.

Attorney Jessica Buell, representing the Gwich’in Tribal Council, said in court that there is no evidence to show that tribal council board members acted in bad faith.

He said the board did not disqualify Blake from running in a new election and that the people’s right to vote will still be preserved in a new election.

The big boss position comes with salary and benefits that exceed $300,000.

Last year, according to the Gwich’in Tribal Council’s annual financial reports, Kyikavichik’s annual salary and benefits totaled $307,000, along with more than $100,000 in travel expenses.